The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-03-10
LONG AND SHORT HAUL.
The Supreme Court Must Pass Upon
It's Meaning.

What the long and short haul claus
OF the national law actually means wi
never be definitely known until the
United States supreme court has passed
upon it. When such wide divergence of
views exists among men most capable
OF understanding it. and when such an
authority as Mr. Fink differs radically
from many railway officers and law
yers, as is shown by his commentary
published in this issue, then all
attempts to solve the puzzle outside the
| courts may Well be given no in despair.
Mr.. Fink's Interpretation having been
called in question by the Chicago Irtb-
ume he has written that journal the
following explanation:
What I did say was that the railroads may
| proceed as they have heretofore where they
are in conformity with the pres seat law IL d
its intent and spirit; that they could con
tinue to charge more for short haul than
| for q long haul If it were justified by the
circumstances and conditions surrounding
| the case. That is, if it were reasonable and
! just. 1t goes without saying that if the
railroads fail to comply with the law and do
not carry out these principles they will be
punished, and properly so. l was induced
| to express these views because there have
| been interpretations put upon the law which,
| if acted upon, would cause great obstruction
to commerce and great injustice to shippers
| not to mention the inju, tice to The railroad
companies, and take the ground that any
| Interpretation which would bring about
that result is not justified, as the intention
/ of the act was simply to correct abuses, not
| to create new ones
| hold that there are cases in which the
| railroads are justified in charging more for
shorter than for longer hauls, and there
are cases where it is not justified You
where there is justification for this practice
it should be continued, and let it be stopped
where thereis none.
In face, however, of the heavy penal
ties threatened for violation of any pro.
vision of the law railway mana gers
will hardly venture to decide for them
selves in each case that occurs, whether
or not they are justified in charging
more for a shorter than for longer
hauls. Their judgment would not be
impartial, and their conclusions might
result in placing upon their companies
a fine of i've thousand dollars for every
in fraction of the act, as decided by the
court. There is no doubt, as Mr.. Fink
suggests, that the enforcement of sec
ton will cause great obstruction 10
commerce and great injustice to ship
pers as well as to the railway COM
what are the circumstances under
which it shall not be unlawful for any
common carrier to charge OF receive any
greater compensation in the aggregate
for the transportation of passengers or
of like kind of property for a shorter
than for longer distance" etc.? Not
the raj way companies, for they are the
parties at the bar; not even the rail
road commission, at least finally for they
are not empowered to interpret the law.
he federal court alone can pass final
judgment on the lnnumerable and
perplexing cases which will arise under
the law, and meantime the railways will
endeavor to obey its explicit require
nents to the letter. On the long and
short haul subject the law does make
a positive prohibition, while on the
subject of passes, for example, its
declaration is only negative and of at
least doubtful application. The people
as well as the railway will have to take
/ the consequences of the badly worded
and mischieViously conceived CLAUSE re-
garding long and short haul charges,
until its evil character compels It's re-
peal.
| MI. r1DKS explanation OF the law IL
logical and reasonable 1t is indeed in
credible that the trainers of the bill
intended Ito throw the transportation
business of the country into contu-
sion, which Mr.. Fink says. would be
the result if section were interpreted
to make the long and short haul rule
absolute and only subject to suspension
by the commissi N; and yet so runs
the letter of the law" Dares any rail
road manager to take the risk Of his own
Interpretation ?-Rajl,goy Age.